(a) Accompanying any Agreement between the Service Provider and the Municipality shall be a complete plan of the Telecommunications System filed with the Municipality prior to the making of any Agreement between the parties. Such plans shall have a complete time table of construction and implementation of Service Provider's Telecommunications System and shall be subject to approval by the Director, including all construction and time tables within the Municipality. With the maps given to the Municipality, Service Provider shall provide a detailed description of the type and quantity of communications cabling and the conduit.
(b) Prior to doing any excavation or relocating work, Service Provider must apply for in writing and obtain appropriate Permits from the Municipality, and give appropriate notices to the Director or other such entity as directed by the Municipality.
(c) Service Provider's Telecommunications System will be constructed and maintained so as not to interfere with any Municipal, County or State property including sewers, water pipes or any other property.
(d) Service Provider may be required by the Municipality to temporarily move or relocate all or portions of its Telecommunications System at Service Provider's cost to allow for construction, repair or maintenance of public infrastructure.
(e) Service Provider may be required by the Municipality to permanently move or relocate infrastructure at Service Provider's cost to permit changes, reconstruction or relocation of public infrastructure.
(f) Service Provider may be required by the Municipality to permanently move or relocate all or portions of its Telecommunications System to accommodate another private Service Provider, at the secondary Service Provider's cost.
(g) If and when a public Right-of-Way is vacated, Municipality will make every effort to maintain an easement for its own use and that of Service Providers, but makes no guarantees that such accommodation can or will be made. In the event of vacation without retained use through an easement, Service Providers will be required to abandon, remove and/or relocate all or portions of their Telecommunications System at their own cost.
(h) If and when a Service Provider decides at its own initiative to abandon or cease to use all or portions of its Telecommunications System, the Municipality shall require Service Provider to remove or secure the facility or the Municipality can request that the Telecommunications System remain in place. (Ord. 01-19. Passed 6-11-01.)